Graham v. Nissan North America Inc. et al
| James Graham |
| Nissan North America Inc., Nissan Motor Acceptance Corp., Nissan Motor Acceptance Company LLC, Nissan-Infiniti LT LLC and Nissan of Garden City |
| 2:2022cv04896 |
| August 18, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Contract: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on October 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 Letter MOTION for pre motion conference by Nissan North America Inc.. (Brennan, Peter) |
ORDER re #26 Letter MOTION for pre motion conference filed by Nissan of Garden City. That portion of Defendant Nissan of Garden City's application to stay discovery pending resolution of the motion is denied with leave to renew before the assigned Magistrate Judge in accordance with the undersigned's individual rules. See Rule II.e.1.a. Ordered by Judge Gary R. Brown on 10/12/2022. c/ecf (LJ)
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ORDER granting #26 Motion for Pre Motion ConferenceA telephone pre-motion conference is scheduled for October 26, 2022 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendant Palisades Imports LLC d/b/a Nissan of Garden City's anticipated motion to compel arbitration under the Federal Arbitration Act, 9 U.S.C. 1, et seq, DE 26.The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letters as well as the responses, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).Plaintiff is directed to respond respectively to DE 26 in accordance with the undersigned's individual rules by October 24, 2022. At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8 Ordered by Judge Gary R. Brown on 10/12/2022. (LJ)
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| Filing 26 Letter MOTION for pre motion conference by Nissan of Garden City. (Shanks, Russell) |
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ORDER granting #24 Motion for Pre Motion Conference; granting #25 Motion for Pre Motion ConferenceA telephone pre-motion conference is scheduled for October 26, 2022 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Plaintiff's anticipated motion to remand this case back to New York State Supreme Court pursuant to 28 U.S.C. 1332(d) under the Class Action Fairness Act, DE 24, and Defendants' anticipated motion to compel arbitration under the Federal Arbitration Act, 9 U.S.C. 1, et seq, DE 25.The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letters as well as the responses, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).Plaintiff and Defendants are directed to respond respectively to DE 25 and DE 24 in accordance with the undersigned's individual rules by October 24, 2022. At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 10/11/2022. c/ecf (LJ)
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| Filing 25 MOTION for pre motion conference to compel arbitration by Nissan Motor Acceptance Company LLC, Nissan-Infiniti LT LLC. (Bruinsma, James) |
| Filing 24 MOTION for pre motion conference to remand pursuant to CAFA 28 U.S.C. 1332(d) by James Graham. (Tompkins, Michael) |
| Filing 22 NOTICE of Appearance by James R Bruinsma on behalf of Nissan Motor Acceptance Company LLC, Nissan-Infiniti LT LLC (notification declined or already on case) (Bruinsma, James) |
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Filing 23
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 10/3/2022. (DF)
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ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. The Motion of James R Bruinsma is granted. The attorney shall register for ECF, with registration being available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 10/3/2022. (JR) Modified on 10/3/2022 to correct a typographical error. (DF by JT).
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| Filing 21 Proposed Scheduling Order by Nissan Motor Acceptance Company LLC, Nissan Motor Acceptance Corp., Nissan North America Inc., Nissan-Infiniti LT LLC (Alderdice, Jacob) |
| Filing 20 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: Michael Alexander Tompkins, Brett R. Cohen. Counsel for Defendant: Jacob D. Alderdice, Peter Justin Brennan (For Nissan North America Inc., Nissan Motor Acceptance Corp., Nissan Motor Acceptance Company LLC and Nissan-Infiniti LT LLC). James R. Bruinsma (For Nissan Motor Acceptance Company LLC, Nissan-Infiniti LT LLC) and Russell J. Shanks (For Nissan of Garden City). Initial Conference Hearing held on 9/30/2022 at 9:30 AM. Following discussion with counsel and review of the submitted Rule 26 worksheet, the Court adopted a discovery schedule as discussed on the record. The parties are directed to submit a revised Proposed Scheduling Order reflecting the dates discussed at the conference. The parties shall further direct any requests for a briefing schedule on both the motion to remand and motion compel arbitration to the Hon. Gary R. Brown, in accordance with his Individual Practice Rules, and not include those dates in the revised Proposed Scheduling Order. A Status conference has been scheduled for January 17, 2023 at 2:00 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #9:32-9:44 (Video).) (Flanagan, Doreen) |
| Filing 19 NOTICE of Appearance by Brett R. Cohen on behalf of James Graham (aty to be noticed) (Cohen, Brett) |
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ORDER: The parties request for a scheduling order is Denied. Plaintiff is to file his pre-motion letter for remand consistent with this Court's individual Rules of Practice forthwith. Ordered by Judge Gary R. Brown on 9/30/2022. c/ecf (Cowan, Timothy)
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ORDER terminating #13 Motion for Pre Motion Conference; terminating #13 Motion for Extension of Time to Answer re #13 Joint MOTION to Adjourn Conference Scheduled for Sept. 27, 2022Joint MOTION to Stay re Order on Motion for Extension of Time to Answer, Order on Motion for Extension of Time to Answer, #11 Scheduling Order,,,, Joint MOTION for pre motion conference as to whether the CAFA Exception to Jurisdiction applies and set a brief pre-motion briefing schedule on sameJoint MOTION for Extension of Time to File Answer Ordered by Judge Gary R. Brown on 9/30/2022.
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| Filing 18 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15988278. by Nissan Motor Acceptance Company LLC, Nissan-Infiniti LT LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing State Bar of MI, #2 Exhibit B - Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois, #3 Exhibit C - Affidavit of James R. Bruinsma, #4 Exhibit D - Email Consenting to Motion, #5 Exhibit E - Proposed Order Granting Motion) (Bruinsma, James) |
| Filing 17 Proposed Scheduling Order by James Graham (Tompkins, Michael) |
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ORDER. The parties were directed to complete the provided Proposed 26(f) Scheduling Order and electronically file same with the Court no later than September 20, 2022 [DE 11-1]. To date, no Proposed Scheduling Order has been filed. The Parties are directed to complete and file a Proposed Scheduling Order on or before close of business September 27, 2022. So Ordered by Magistrate Judge James M. Wicks on 9/25/2022. (Ruggirello, Jaclyn)
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ORDER granting in part and denying in part #16 Motion to Adjourn Conference, Motion to Stay, Motion for Pre Motion Conference, Motion for Extension of Time to Answer. The application to adjourn the initial conference and for a stay is hereby denied, with leave to renew upon compliance with the undersigned's Individual Rules, particularly Rule 3(a) and (C), and upon a showing of good cause. See Hearn v. United States, No. 17-CV-3703, 2018 WL 1796549, at *2 (E.D.N.Y. Apr. 16, 2018) ("Under Fed. R. Civ. P. 26(c), a district court may stay discovery during the pendency of a dispositive motion for 'good cause' shown.") The application to set a briefing schedule on Plaintiff's anticipated motion to remand hereby denied, with leave to renew upon compliance with the Individual Practice Rules of Judge Gary R. Brown. The application to extend Defendants' time to answer or otherwise move as to the Complaint is hereby granted. Defendants will answer, move, or otherwise respond to the Complaint within 14 days of the resolution of Plaintiff's anticipated motion to remand. So Ordered by Magistrate Judge James M. Wicks on 9/22/2022. (Ruggirello, Jaclyn)
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| Filing 16 MOTION to Adjourn Conference , MOTION for Extension of Time to File Answer re #1 Notice of Removal, , MOTION to Stay re Order on Motion to Adjourn Conference,, Order on Motion to Stay, , MOTION for pre motion conference by James Graham. (Attachments: #1 Memorandum in Support) (Tompkins, Michael) |
| Filing 15 NOTICE of Appearance by Andrew C. Lang on behalf of Nissan of Garden City (aty to be noticed) (Lang, Andrew) |
| Filing 14 NOTICE of Appearance by Steven J. Harfenist on behalf of Nissan of Garden City (aty to be noticed) (Harfenist, Steven) |
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ORDER granting in part and denying in part #13 motion to adjourn initial conference and for a stay of discovery. The Initial Conference is adjourned from September 27 to September 30, 2022 at 9:30am by Zoom. The application for a stay is denied, with leave to renew upon compliance with the undersigned's Individual Rules, particularly Rule 3(a) and (C). So Ordered by Magistrate Judge James M. Wicks on 9/16/2022. (Wicks, James)
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| Filing 13 Joint MOTION to Adjourn Conference Scheduled for Sept. 27, 2022, Joint MOTION to Stay re Order on Motion for Extension of Time to Answer, Order on Motion for Extension of Time to Answer, #11 Scheduling Order,,,, , Joint MOTION for pre motion conference as to whether the CAFA Exception to Jurisdiction applies and set a brief pre-motion briefing schedule on same, Joint MOTION for Extension of Time to File Answer by James Graham. (Tompkins, Michael) |
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ORDER: motion filed at DE 12 is granted in connection with motion filed at DE 10. See above. So Ordered by Magistrate Judge James M. Wicks on 8/24/2022. (Wicks, James)
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ORDER granting [10 and 12] motion for extension of time to respond to the complaint. The time for all Defendants to answer or move with respect to the complaint is hereby extended to and including September 30, 2022. So Ordered by Magistrate Judge James M. Wicks on 8/24/2022. (Wicks, James)
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| Filing 12 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Nissan Motor Acceptance Company LLC, Nissan Motor Acceptance Corp., Nissan North America Inc., Nissan-Infiniti LT LLC. (Brennan, Peter) |
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Filing 11
INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held on September 27, 2022, at 2:30 PM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than September 20, 2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 8/23/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (Flanagan, Doreen)
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| Filing 10 MOTION for Extension of Time to File Answer by Nissan of Garden City. (Shanks, Russell) |
| Filing 9 Corporate Disclosure Statement by Nissan of Garden City (Shanks, Russell) |
| Filing 8 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Jakubowski, Laura) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 8/19/2022: #1 Additional Corrections) (Jakubowski, Laura). |
| Filing 6 NOTICE of Appearance by Jeffrey C. Ruderman on behalf of Nissan of Garden City (aty to be noticed) (Ruderman, Jeffrey) |
| Filing 5 Civil Cover Sheet.. Re #1 Notice of Removal, by Nissan Motor Acceptance Company LLC, Nissan Motor Acceptance Corp., Nissan North America Inc., Nissan-Infiniti LT LLC (Brennan, Peter) Modified on 8/19/2022 (Jakubowski, Laura). |
| Filing 4 NOTICE of Appearance by Russell J. Shanks on behalf of Nissan of Garden City (aty to be noticed) (Shanks, Russell) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Jakubowski, Laura) |
| NOTICE:The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to forward a completed (2 Page Form)Civil Cover Sheet, answering all questions *** ***INCLUDING THE CERTIFICATION OF ARBITRATION ELIGIBILITY AND the NY-E Division of Business Rule 50.1(d)(2) section on the second page***. Please use the event Proposed Summons/Civil Cover Sheet (Davis, Kimberly) |
| Filing 3 Corporate Disclosure Statement by Nissan Motor Acceptance Company LLC, Nissan Motor Acceptance Corp., Nissan North America Inc., Nissan-Infiniti LT LLC (Brennan, Peter) Modified on 8/19/2022 (Jakubowski, Laura). |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Nissan Motor Acceptance Company LLC, Nissan Motor Acceptance Corp., Nissan North America Inc., Nissan-Infiniti LT LLC (Brennan, Peter) Modified on 8/19/2022 (Jakubowski, Laura). |
| Filing 1 NOTICE OF REMOVAL by Nissan Motor Acceptance Company LLC, Nissan Motor Acceptance Corp., Nissan North America Inc., Nissan-Infiniti LT LLC from New York State Supreme Court, County of Nassau, case number 607116/2022. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-15859570) (Attachments: #1 Exhibit A - State Court Complaint) (Brennan, Peter) Modified on 8/19/2022 (Jakubowski, Laura). |
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